If you do have a matter that ends up in the Federal Circuit Court or Family Court, you will have to specify the Orders you would like the Court to make before you get there. You cannot simply
go to Court and ask the Court to “fix” things for you. You have to tell the Court what it is that you want it to do and the orders you want it to make.
A part of the application process is stating what interim orders you are seeking, and what final orders you want. If you are going to Court, before you get there you also need to consider what will be acceptable to you on the day, as it’s unlikely you’ll get everything you ask for from the Court.
Interim Orders are made by the court as a “stop-gap” measure to ensure that the parties rights are preserved in the interim until the matter can be completely heard and determined by the court.
The Court prefers that the parties try very hard to reach agreement about orders, which the Court will then make by consent of the parties. You should be prepared to negotiate before you go in front of the judge. Once the Court makes these orders, they will remain in force until the Court changes them.
Final Orders are usually either made by consent of the parties to finalise a matter, or by the Court after the matter is heard in a trial. Most matters can usually be finalised by the parties discussing the options and reaching an agreed position. If this is simply not possible for one reason or another, then a trial will be held and a judgment about the facts of the case.
Final Orders are just that: Final. The Court likes to see finality in litigation and will not make changes to final orders unless there are significant changes in circumstances. This was decided in the case of Rice v Asplund and is usually followed by the Court.
If you have a family law matter that you can’t make headway with, contact A.L.F. Lawyers and we will help you make sense of the issues and help you get a satisfactory result.
